Ku (Migration)

The Administrative Appeals Tribunal considered the case of Mr Ku, an applicant for a Contributory Parent (Migrant) (Class CA) visa, Subclass 143. The central dispute concerned whether Mr Ku met the health requirement for the visa, having been previously assessed as not meeting it, but subsequently assessed as meeting it.

The Tribunal was required to determine whether the assessment of Mr Ku's health, which had changed since the initial assessment, satisfied the criteria for the grant of the visa. This involved considering the relevant provisions of the Migration Regulations 1994 and the evidence presented regarding Mr Ku's health status.

The Tribunal found that the applicant had provided updated medical information which demonstrated that he now met the health requirement. The Tribunal applied the principles of administrative review, considering the evidence before it and the legislative criteria for the visa. Based on the updated medical evidence, the Tribunal concluded that the applicant satisfied the health requirement.